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>> the doma case is a much more easy case. all it does is to return congress to its original position of following whatever states say the definition of marriage are. so it was crafted because it's a movement. they tend to be pro-state's rights and the liberals are pro-gay so arguing towards the middle, these are justice kennedy's favorite things. that's clearly a fifth vote for this case. we assume. so i think everyone imagined everyone since appellate court struck it down, that it leads to the supreme court to review the case. everyone thought they would take the case. i think they are going to do the right thing and strike it down. the other case is much more complicated. the doma case doesn't affect any state decisions. where the perry case, the outcome -- >> that's the prop 8 case in california. >> exactly. thank you for helping me out there. the case says there's this definition passed by a ballot initiative that says that marriage is between one man and one woman. if the the supreme court goes broad on that and says the
>> the doma case is a much more easy case. all it does is to return congress to its original position of following whatever states say the definition of marriage are. so it was crafted because it's a movement. they tend to be pro-state's rights and the liberals are pro-gay so arguing towards the middle, these are justice kennedy's favorite things. that's clearly a fifth vote for this case. we assume. so i think everyone imagined everyone since appellate court struck it down, that it leads...
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that's a big step. >> you can decide as the obama administration has not to defend doma. there's still consequences to doma being on the book and reasons why it has to go away. >> absolutely. >> if you are a same-sex couple and married it in one of the states you're now legally married and one dies you face estate tax situations. >> yeah. >> that a heterosexual couple doesn't. every time you file federal taxes you are treated differently. it says these relationships are lesser. i think we've evolved to a point this country where we accept gay and lesbian people as equal and say their relationships in the federal law are lesser than we're saying they're lesser. >> how it fits with the immigration debate as well. >> certainly. it's presently worth noting that bill clinton should maybe take a page from the joe biden playbook because he after all is the person we have to thank -- >> the joe biden playbook. >> and taking a page from it. >> thank you to ari, joy and frank for joining me today. that is all for us here at "now." see you back tomorrow at noon eastern, 9:00 a.m. pa
that's a big step. >> you can decide as the obama administration has not to defend doma. there's still consequences to doma being on the book and reasons why it has to go away. >> absolutely. >> if you are a same-sex couple and married it in one of the states you're now legally married and one dies you face estate tax situations. >> yeah. >> that a heterosexual couple doesn't. every time you file federal taxes you are treated differently. it says these...
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the doma case doesn't affect any state decisions. where the perry case, the outcome -- >> that's the prop 8 case in california. >> exactly. thank you for helping me out there. the perry case says there's this definition passed by a ballot initiative in 2008 that says that marriage is between one man and one woman. if the the supreme court goes broad on that and says there's a fundamental right for same-sex couples to marry, that could flip the remaining 41 states that don't have same-sex marriage to require them to have same-sex marriage. i don't think that's going to happen. i think there's many weigh stations between 0 and 50. for example, the court could look at this and say there are a bunch of states, eight states that say we're going to give you the rights and benefits of marriage but we're going to withhold the word marriage. the court can look and say you're worried about is brand. all you're saying is if you let gays into marriage that's going to diminish the brand. we're going to strike that down. we're going to add those s
the doma case doesn't affect any state decisions. where the perry case, the outcome -- >> that's the prop 8 case in california. >> exactly. thank you for helping me out there. the perry case says there's this definition passed by a ballot initiative in 2008 that says that marriage is between one man and one woman. if the the supreme court goes broad on that and says there's a fundamental right for same-sex couples to marry, that could flip the remaining 41 states that don't have...
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so with a doma case, it's like justice kennedy's most favorite things. because justice kennedy loves state power. >> loves state's rights. ? and he loves gay rights because of the 1996 case and the 2003 case, both of which he authored the opinion that upheld the rightings of lgbtv individuals. the doe ma case is like the perfect convergence of those two strands so, that's why i'm so confident about the doma case because it's a state's rights case in the sense that the federal government is meddling with the state definitions of marriage. with respect to the prop 8 case, i think again kennedy, because of these two cases i mentioned, is likely to be sympathetic but may be incremental. he may say something along the lines of one state or eight states have to flip. i don't think he'll flip all 41. >> we always appreciate your valuable insight. we hope you'll stick around for the next few months and continue to provide that as we wade through what is undoubtedly going to be a fairly complex case, as well. good saturday to you, sir. thank you for your time. >>
so with a doma case, it's like justice kennedy's most favorite things. because justice kennedy loves state power. >> loves state's rights. ? and he loves gay rights because of the 1996 case and the 2003 case, both of which he authored the opinion that upheld the rightings of lgbtv individuals. the doe ma case is like the perfect convergence of those two strands so, that's why i'm so confident about the doma case because it's a state's rights case in the sense that the federal government...
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the 21 million americans hoping for health care and "the new york times" frank bruney weighs in on doma and cage for marriage equality when "now" starts in just three minutes. n't my daughs black bean soup spectacular? [ man thinking ] oh, this gas. those antacids aren't working. oh no, not that, not here! [ male announcer ] antacids don't relieve gas. gas-x is designed to relieve gas. gas-x. the gas xperts. gas-x is designed to relieve gas. when you lost the thing you can't believe you lost.. when what you just bought, just broke. or when you have a little trouble a long way from home... as an american express cardmember you can expect some help. but what you might not expect, is you can get all this with a prepaid card. spends like cash. feels like membership. ♪ but the fire is so delightful ♪ nothing melts away the cold like a hot, delicious bowl of chicken noodle soup from campbell's. ♪ let it snow, let it snow when you take a closer look... ...at the best schools in the world... ...you see they all have something very interesting in common. they have teachers... ...with a dee
the 21 million americans hoping for health care and "the new york times" frank bruney weighs in on doma and cage for marriage equality when "now" starts in just three minutes. n't my daughs black bean soup spectacular? [ man thinking ] oh, this gas. those antacids aren't working. oh no, not that, not here! [ male announcer ] antacids don't relieve gas. gas-x is designed to relieve gas. gas-x. the gas xperts. gas-x is designed to relieve gas. when you lost the thing you can't...
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cheryl harris says "i think doma women get shut down quickly on solid legal grounds. prop 8 harder but kennedy will clear it up." >>> next the tug-of-war over the fiscal cliff. how much are democrats willing to give our entitlement cuts? we'll ask congressman elijah cummings that question. >>> the fight on capitol hill convinces a big powerball winner to claim his fortune now. you're watching "weekends with alex witt." [ woman ] ring. ring. progresso. in what world do potatoes, bacon and cheese add up to 100 calories? your world. ♪ [ whispers ] real bacon... creamy cheese... 100 calories... [ chef ] ma'am [ male announcer ] progresso. you gotta taste this soup. i tell them dentures are very different to real teeth. they're about 10 times softer and may have surface pores where bacteria can grow and multiply. polident is specifically designed to clean dentures daily. its unique micro-clean formula kills 99.9% of odor causing bacteria and helps dissolve stains, cleaning in a better way than brushing with toothpaste. that's why i recommend using polident. [ male announ
cheryl harris says "i think doma women get shut down quickly on solid legal grounds. prop 8 harder but kennedy will clear it up." >>> next the tug-of-war over the fiscal cliff. how much are democrats willing to give our entitlement cuts? we'll ask congressman elijah cummings that question. >>> the fight on capitol hill convinces a big powerball winner to claim his fortune now. you're watching "weekends with alex witt." [ woman ] ring. ring. progresso. in...
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it happened on the doma issue. because doma does address the general issue of man, woman, marriage. but then you have california, prop 8 and prop 8 struck down and movement in california. other states that have legal i seed gay marriage. maryland, for instance. so, it's not like the feds are going to try to enforce dome marks right? >> two different issues. one is criminal and one is something totally different. >> right, it's still selective. i'm not making a judgment. it's interesting that there are these conflicts. and this happens on not a lot of issues. and what's the latest with you on -- your name is so difficult to say but anna hita, what's your take on the pot issue? >> my take is that i would urge washington pot smokers not to rush out and pull out the cheetoes quite yet. because under federal law it is illegal to possess, to sell, to smoke pot. we know that federal law trumps state law. so i think not only will the federal -- the feds have an obligation to get in there and ensure that their laws are upheld. >> laura: their laws are on the books. whether immigration, their
it happened on the doma issue. because doma does address the general issue of man, woman, marriage. but then you have california, prop 8 and prop 8 struck down and movement in california. other states that have legal i seed gay marriage. maryland, for instance. so, it's not like the feds are going to try to enforce dome marks right? >> two different issues. one is criminal and one is something totally different. >> right, it's still selective. i'm not making a judgment. it's...
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even the justice department won't defend doma. so they can wrap it just on invalidating doma without answering the question of the validity of same-sex marriage. that's an easy way to do it. that's what supreme court decisions often will resolve cases by. look at the procedural issue. this is an answer the american people want. the supreme court recognizes that. they will make a ruling on it. this court will decide this. >> hang on, guys. a wisconsin dad is on the hook for $90,000 in back child support. he had nine kids with six different women. what the judge said he can't do anymore until he pays up. legal guys will weigh in on that as well. >>> and the looming fiscal cliff. the president says raising money on the wealthiest americans could raise a trillion dollars. from the best players in history to the number 1 club in the world. the potential of manchester united unlocked. nyse euronext. unlocking the world's potential. since ameriprise financial was founded back in 1894, they've been committed to putting clients first. help
even the justice department won't defend doma. so they can wrap it just on invalidating doma without answering the question of the validity of same-sex marriage. that's an easy way to do it. that's what supreme court decisions often will resolve cases by. look at the procedural issue. this is an answer the american people want. the supreme court recognizes that. they will make a ruling on it. this court will decide this. >> hang on, guys. a wisconsin dad is on the hook for $90,000 in back...
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. >> particularly over the doma case. gay marriage advocates who want the defense of marriage act struck down say doma creates a gay-only exception to federal recognition of state licensed marriages. and we believe that the federal government should stop discriminating against same sex couples legally married by their states. but defender of traditional marriage between one man and one woman say, quote: since president bill clinton signed doma into law, 30 states have followed suit by incorporating the definition of marriage into their constitutions. voters in these states will not accept an activist court redefining our most fundamental social institution. arguments on both cases are likely to be in march and rules likely in june. shep? >> shepard: we got another announcement from the supreme court today. it's going to take up another case that really could effect what we all pay for prescription drugs. >> right. this is about the battle between more expensive brand name drugs and cheaper generic drugs. some of the brand
. >> particularly over the doma case. gay marriage advocates who want the defense of marriage act struck down say doma creates a gay-only exception to federal recognition of state licensed marriages. and we believe that the federal government should stop discriminating against same sex couples legally married by their states. but defender of traditional marriage between one man and one woman say, quote: since president bill clinton signed doma into law, 30 states have followed suit by...
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the supreme court is taking up a prop 8 and a doma case. does the president need to take a stronger stance on this now? >> i think he should. both on the substance and the politics. the constitution clearly states every american has equal rights under the law. that includes the right for loving committed couples to get married. it's a no brainer. on the pollices, as you said, that 53% support, it shot up ten points in two years. america is at a tipping point on this issue. you are right about the young people. they are going to be the majority of the electorate over the next two presidential cycles. they are already a voice in a n. it's all upside for the president and the democrats. >> erin, i'm going to get you to weigh in after the break on the president's legacy on this issue. >>> and the must-reads, the picks after this. citracal slow release continuously releases calcium plus d with efficient absorption in one daily dose. citracal slow release. with efficient absorption in one daily dose. is bigger than we think ... sometimelike the f
the supreme court is taking up a prop 8 and a doma case. does the president need to take a stronger stance on this now? >> i think he should. both on the substance and the politics. the constitution clearly states every american has equal rights under the law. that includes the right for loving committed couples to get married. it's a no brainer. on the pollices, as you said, that 53% support, it shot up ten points in two years. america is at a tipping point on this issue. you are right...
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>> well, the challenge here to doma really is that only this provision in doma is unconstitutional as applied to legally married same-sex couples. the argument is that that provision discriminates against them by treating them differently from legally married opposite sex couple its. so if the court found in favor of edie windsor as the lower federal appellate court here did t would not affect any state's law that prohibits same-sex marriage so this is more of a yes or so no question, there aren't as many options as there are with the california prop 8 case for the court. >> warner: very briefly, the court did also raise so called standing issues in each one is it fair to say if they rule on these standing issue these could be incredibly narrow rulings. >> they could. the standing questions have to do with whether parties including the united states government are properly before the court in these cases. if the court finds that they are not properly before them the court will never even get to the marriage. the cases will be dismissed. >> warner: marcia, thank you so much. >> my plea
>> well, the challenge here to doma really is that only this provision in doma is unconstitutional as applied to legally married same-sex couples. the argument is that that provision discriminates against them by treating them differently from legally married opposite sex couple its. so if the court found in favor of edie windsor as the lower federal appellate court here did t would not affect any state's law that prohibits same-sex marriage so this is more of a yes or so no question,...
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the other case called windsor versus doma originated in new york and challenges the constitutionality of the defense of marriage act. we're going to talk about this a little bit more this morning, and we'll have our legal contributor paul callan discuss it with us right after this break. i always wait until the last minute. can i still ship a gift in time for christmas? yeah, sure you can. great. where's your gift? uh... whew. [ male announcer ] break from the holiday stress. ship fedex express by december 22nd for christmas delivery. up high! ok. don't you have any usefull apps on that thing? who do you think i am, quicken loans? ♪ at quicken loans, our amazingly useful mortgage calculator app allows you to quickly calculate your mortgage payment based on today's incredibly low interest rates... right from your iphone or android smartphone. one more way quicken loans is engineered to amaze. ♪ home of the legendary grand prix circuit. the perfect place to bring the all-new cadillac ats to test the 2.0-liter turbo engine. [ engine revs ] ♪ [ derek ] 272 horsepower. the lightest i
the other case called windsor versus doma originated in new york and challenges the constitutionality of the defense of marriage act. we're going to talk about this a little bit more this morning, and we'll have our legal contributor paul callan discuss it with us right after this break. i always wait until the last minute. can i still ship a gift in time for christmas? yeah, sure you can. great. where's your gift? uh... whew. [ male announcer ] break from the holiday stress. ship fedex express...
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there's a variety of different ways they could decide on doma. you know, they don't have to decide on equal protection grounds but the narrow question of benefits or certain benefits or certain tax breaks that married people who happen to be same sex should get or shouldn't get. so, there's a whole range of ways they could consider this. it doesn't mean they're just going to go in and determine that a law against same-sex marriage is illegal discrimination. there are a lot of other things they can do with it. >> benefits are one thing. recognition and allowance is another thing. here's the other thing. it is real hard to get breaking material and information out of the supreme court before they're ready to give it but on occasion good connections yield something and yet a lock-up in terms of what they might do with prop 8 and doma. >> yeah. that's true. but you have to remember, on these big, sweeping social issues that the court has decided throughout history, desegregation of public schools comes to mind, brown versus the board of education, th
there's a variety of different ways they could decide on doma. you know, they don't have to decide on equal protection grounds but the narrow question of benefits or certain benefits or certain tax breaks that married people who happen to be same sex should get or shouldn't get. so, there's a whole range of ways they could consider this. it doesn't mean they're just going to go in and determine that a law against same-sex marriage is illegal discrimination. there are a lot of other things they...
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the doma case has a very straight forward question. is it constitutional for a federal law to say that the government will not recognize marriages even when they're legal in the states, so that if married couples get married in the nine states where it's now legal, the federal government doesn't recognize those marriages. there's a question about whether that's unconstitutional discrimination, but if the supreme court does strike down doma, it doesn't say anything about whether the states must permit same-sex marriage, it only says if they do, the federal government must recognize them. so it's the proposition 8 case from california that potentially raises the bigger question. now, as it comes to the supreme court, it comes in a very narrow way. the court of appeals, which agreed with the trial court, that proposition 8 striking down gay marriage in california was unconstitutional, it ruled in a very narrow way. it said california was wrong to grant the right and then take it away. you can't do that, apeeldz court said. if the supreme
the doma case has a very straight forward question. is it constitutional for a federal law to say that the government will not recognize marriages even when they're legal in the states, so that if married couples get married in the nine states where it's now legal, the federal government doesn't recognize those marriages. there's a question about whether that's unconstitutional discrimination, but if the supreme court does strike down doma, it doesn't say anything about whether the states must...
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the high court agreed to hear two important cases, prop 8 out of california and doma out of new york. a federal court recently overturned prop 8 after the measure passed by voters. the court will decide if doma violates the fifth amendment of equal protection under the law that applies to same-section couples legally married in other states. >>> today is a very happy day for same-section couples in washington state. it is the first day they can marry under the new law, legalizing gay marriage. couples began lining up for licenses early thursday morning. some courthouses opened up at midnight for the ceremonies to take place. several local judges also donated their time to marry the couples. ceremonies are expected all day today. >>> last week, washington state became the latest state to legalize marijuana and now businesses there are jumping on the opportunity to create more revenue for themselves and the state. fox has the details. >> reporter: the sign is an invitation to come inside frankie's sports bar and light up a joint. in between pool shots, that's just what herald caldwell d
the high court agreed to hear two important cases, prop 8 out of california and doma out of new york. a federal court recently overturned prop 8 after the measure passed by voters. the court will decide if doma violates the fifth amendment of equal protection under the law that applies to same-section couples legally married in other states. >>> today is a very happy day for same-section couples in washington state. it is the first day they can marry under the new law, legalizing gay...
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recent public opinion shows americans no longer support doma. one 12 poll revealed americans favored by 51% to 34%. anyway so then basically they're saying what everybody is saying predicting how prop 8 is going to come out however is tougher. blah, blah, blah we clearly established right to same-sex marriage is harder. for starters, it is likely to divide 5-4 as everybody is saying as they do on every important constitutional issue. on most other issues, justice anthony kennedy, probably the most powerful justice is likely to determine the outcome. this is like the guessing game as to what is kennedy going to do. because he had obviously the things everybody talks about two really favorable gay rights rulings then he has other legal views that might conflict with this. do we have his cell phone number? could i give him a call? >> sure. >> stephanie: what you thinking about? what you doing? why are you so distant? you know what i started hoping over the weekend that all of the justices have a gay something. relative friends somebody they really
recent public opinion shows americans no longer support doma. one 12 poll revealed americans favored by 51% to 34%. anyway so then basically they're saying what everybody is saying predicting how prop 8 is going to come out however is tougher. blah, blah, blah we clearly established right to same-sex marriage is harder. for starters, it is likely to divide 5-4 as everybody is saying as they do on every important constitutional issue. on most other issues, justice anthony kennedy, probably the...
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supreme court decided to hear cases regarding federal laws, one regarding the defense of marriage act, or doma, involving couples legally married in their own state. the other is a challenge to california's prop 8, which took away the rates of same-sex marriage that had been previously approved by state courts. >>> the top story this hour, a man considered the leader of a terrorist network, now in custody in egypt. this is why we're paying attention to this man. u.s. officials believe his group had something to do with the attack in libya that killed the american ambassador and three other u.s. citizens. our national correspondent, susan candiotti is live for us. you have been working your sources. what do we know about this terror suspect and the group he leads? >> well, let's talk about him. the investigators have had this man on the radar for some time. and now he is being called a possible suspect in the benghazi attacks. muhammad ahmad was arrested, in custody while the investigation goes on. u.s. authorities believe he been involved in the september terror hit that killed ambassador chri
supreme court decided to hear cases regarding federal laws, one regarding the defense of marriage act, or doma, involving couples legally married in their own state. the other is a challenge to california's prop 8, which took away the rates of same-sex marriage that had been previously approved by state courts. >>> the top story this hour, a man considered the leader of a terrorist network, now in custody in egypt. this is why we're paying attention to this man. u.s. officials believe...
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in fact, ten cases related to the federal defense of marriage act, or doma and proposition 8 are pending against supreme court justices right now. at least one of them is going to make it to their docket. we could find out which one today about early next week or so. i'm joined by our legal analyst jeffrey tubin. remind us what are the court's oping whz it comes to marriage equality, and the differences here between doma and prop 8. >> well, defense of marriage act -- defense of marriage act was signed by president clinton in 1996, and it's a law that says the federal government, all as pecks of the federal government, including the internal revenue service will not recognize same-sex marriages even many states where same-sex marriage is legal and two appeals courts have held that that is unconstitutional, that it is unlawful discrimination. the obama administration agrees that this law is unconstitutional. it's now being defended by a lawyer hired by the house of representatives, and the case about is the defense of marriage act constitutional, that is one. there are several different c
in fact, ten cases related to the federal defense of marriage act, or doma and proposition 8 are pending against supreme court justices right now. at least one of them is going to make it to their docket. we could find out which one today about early next week or so. i'm joined by our legal analyst jeffrey tubin. remind us what are the court's oping whz it comes to marriage equality, and the differences here between doma and prop 8. >> well, defense of marriage act -- defense of marriage...
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let's start with doma. if that is struck down by the high court, thewill that be thed of conservatives' attempts of outlawing gay marriage? >> it is the mother of all federal laws to try to outlaw. it will be over it it's overturned. if social conservatives try to get smart about this stuff, looking for opportunities to play defense instead of offense, doma, which is a terrible law in my estimation, was an attempt to completely play offense. you can't do this anywhere in any state. we're going to pre-empt you before you try. i think social cons are in a much better position when they say, look, let's make it so the government can't compel us to do things privately we don't want to do. i think you'll see much more emphasis placed on that. the question will be more than what will the supreme court try to do because they don't want to be out in front of public opinion too much. it's going to be fascinating. >> and they've rarely been accused of doing that either. david, let's move on to prop 8 in california. i
let's start with doma. if that is struck down by the high court, thewill that be thed of conservatives' attempts of outlawing gay marriage? >> it is the mother of all federal laws to try to outlaw. it will be over it it's overturned. if social conservatives try to get smart about this stuff, looking for opportunities to play defense instead of offense, doma, which is a terrible law in my estimation, was an attempt to completely play offense. you can't do this anywhere in any state. we're...
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doma denies federal benefits to legally married same-sex couples while prop 8 makes same-sex marriage illegal in california. same-sex marriages are legal in nine other states and the district of columbia. a decision on these cases is expected sometime in june. >>> korean pop star psy is making headlines for a whole other reason than you might think this morning. his music video may be the most watched video in youtube history, but now an old video from 2004 has surfaced of psy calling for the death of american soldiers in iraq. that performance resurfaced in october. in his apology, psy said his performance had been emotionally charged, and "while i'm grateful for the freedom to express oneself, there are limits. i am deeply sorry for any pain i have caused by those words." he is scheduled to perform at a charity event in washington. president barack obama is also planning on attending that event. >>> speaking of president obama, he's issuing a stern warning to syria. don't even think about using chemical weapons against civilians. i'll talk about the implications coming up next. [ ny
doma denies federal benefits to legally married same-sex couples while prop 8 makes same-sex marriage illegal in california. same-sex marriages are legal in nine other states and the district of columbia. a decision on these cases is expected sometime in june. >>> korean pop star psy is making headlines for a whole other reason than you might think this morning. his music video may be the most watched video in youtube history, but now an old video from 2004 has surfaced of psy calling...
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there is a possibility justices will hear cases that challenge the federal defense of merge act or doma as it's known or california's proposition 8 which defines marriage as strictly between a man and a woman. >>> authorities have ordered folks in parts of louisiana to get out of town as they work to secure more than 6 million pounds of gun powder. gun powder. improperly stored m-6 powder was found at camp minden on property leased by expo system. workers are busy moving the powder into authorized facilities on the site. they have safely stored more than 1 million pounds. that is enough to fill 27 18-wheelers. >> wow. nine bodies have been recovered from three crushed, burned out cars in a highway tunnel 50 miles west of tokyo. officials still don't know what caused a 200 foot section of eight inch thick concrete to cave in over the weekend. take a look at these incredible pictures. and they're not saying whether there might be more victims in the rubble. >>> malala yousafzai, that pakistani girl who was shot in the head by the taliban is saying thank you to all of her new friends all o
there is a possibility justices will hear cases that challenge the federal defense of merge act or doma as it's known or california's proposition 8 which defines marriage as strictly between a man and a woman. >>> authorities have ordered folks in parts of louisiana to get out of town as they work to secure more than 6 million pounds of gun powder. gun powder. improperly stored m-6 powder was found at camp minden on property leased by expo system. workers are busy moving the powder...